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Edited by Kenneth R Richards and Josephine van Zeben
The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.
Edited by Michael Faure
Abstract Behavioral instruments – tools for regulating behavior that build on empirical research about how people actually behave – can contribute to environmental law in at least two ways. First, behavioral research can be used descriptively to understand and to interrogate the behaviors that generate environmental impacts. This is useful because it can help flag where environmental law is most likely to run aground on behavioral phenomena, and because it can highlight areas where legal interventions may be most and least effective. Second, behavioral research is useful prescriptively for helping to identify effective mechanisms for shaping behavior towards preferred ends. The chapter gives an overview of three key findings in law and behavior (dual-process cognition, loss aversion, and time inconsistency), and describes two key instruments (default rules and framing) that build on the insights of behavioral research, and which can be used to shape people’s behavior towards environmental ends.
Daniel H Cole and Peter Z Grossman
Abstract The choice of instrument for environmental protection has typically focused on which instrument will create the lowest costs of compliance. This has led to a preference among policymakers for cap-and-trade quotas and effluent tax programmes rather than more traditional policy instruments, such as technical standards or non-tradeable emissions quotas, often categorised as command-and-control instruments. However, there are additional costs besides compliance to environmental protection before, during, and after instrument choice. Any instrument involves the costs of monitoring, enforcement, and administration – costs that are every bit as important as that of compliance. Economic instruments also require functioning markets and reliable contract enforcement as well as careful policy design, making them ill-suited to pollution control in much of the developing world. The goal of any regime of environmental protection should be to choose the instrument with the lowest total social cost. In some instances that will mean command-and-control.